Intellectual Property

The purpose of this Policy is to inform members of the Lynn University community concerning their rights and responsibilities regarding intellectual property. It describes ways in which intellectual property ownership rights are allocated among Lynn University and its faculty, staff, and students and how the intellectual property they develop can be protected for their benefit as well as to reflect the interests of Lynn University.

A policy of this nature does not address every situation that may arise in the development, enforcement, and management of intellectual property rights but instead serves as a set of guidelines for Lynn University’s faculty, staff, and students. Any questions, concerns or issues that may arise concerning this policy or any intellectual property that is created by faculty, staff or students should be referred to the Vice President for Academic Affairs, who shall consult with the Office of General Counsel.

Ownership of intellectual property works created by Lynn University employees as well as other individuals conducting activities under the supervision of Lynn University will be determined in accordance with policies set forth in the Procedures/Guidelines section of this Policy.

Copyright - an original work of authorship that has been fixed in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Copyright includes a bundle of rights: the right to make reproductions of the work, the right to distribute copies of it, the right to make derivative works that borrow substantially from a copyrighted work, and the right to make public performances or displays of most works.

Directed Works - include works that are specifically funded by the University (including, but not limited to, works for hire by faculty or other employees).

Intellectual Property - means certain creations of the human mind that are granted legal aspects of a property right. These property rights include patents, copyrights, trademarks, trade secrets, and any other such rights that may be created by law in the future.

Patent - a grant issued by the U.S. or a foreign patent office that gives an Inventor the right to exclude others from making, using, or selling the Invention within the United States or other geographic territories for a period of years from the date of filing of the patent application.

Significant Use - is the use of resources other than those ordinarily available to most or all faculty or students.

University Facilities - means any facility, including equipment and material, available to the inventor as a direct result of the inventor’s affiliation with the University, and which would not be available to a non-University individual on the same basis.

I. Works of Authorship

Copyrights in works of authorship such as books, articles, scholarly publications, art works, musical compositions and recordings, personal websites, business plans, literary works, films, and videos (hereafter known as “Materials”) created by faculty or students, individually or jointly, are the property of the authors or co-authors, who are entitled to determine how the works are to be disseminated and to keep any produced income, with the following exceptions:

1. Assigned Tasks: Ownership of Materials developed as a result of a separate written contract or agreement between the author or co-authors and Lynn University and/or for which the author or co-authors were specifically compensated by Lynn University in addition to any other compensation to which such individual(s) were regularly entitled resides with Lynn University.
2. Outside Agreements: When Materials are developed through a sponsored grant or contract, then the special provisions in that grant or contract must prevail.
3. Significant use of University Resources: Ownership of Materials whose development is assisted by significant use of University facilities, resources, equipment or personnel resides with Lynn University. “Significant use” is the use of resources other than those ordinarily available to most or all faculty or students. Examples of significant use of resources include, but are not limited to, the following:
   1. Significant use of Lynn University staff or other assistance;
   2. Significant use of Lynn University facilities or equipment;
   3. Use of any funds provided by Lynn University or provided to Lynn University by any third party;
   4. Significant use of special or rare Lynn University holdings, such as art collections.
4. Special Materials: Ownership of copyrights in the following Materials created by faculty or students resides with Lynn University:
   1. Materials developed for any purpose other than Lynn University’s educational programs whose development is assisted by any use of University facilities, resources, or equipment;
   2. Computer software developed for any purpose with any use of University facilities, resources, or equipment;
   3. Materials in digital form developed for distance education purposes;
   4. Materials developed by staff within the scope of their employment.

Lynn University will share with faculty authors and faculty co-authors revenue (exclusive of costs incurred by the University in connection with applicable licenses thereof, such as but not limited to costs of negotiating license agreements) that the University receives from Materials owned by Lynn University that are licensed to third parties.

Faculty, staff and students may not (a) reproduce, distribute, perform or display any Materials for which ownership of the copyright resides with Lynn University without permission from the University, or (b) distribute or display any Materials that contain an image of a faculty member, a staff member or a student from which any such individual can be identified without written permission from the identifiable individual(s).

Any faculty member or student who creates Materials, individually or jointly, grants to Lynn University a nonexclusive, perpetual, irrevocable, paid up license to use such Materials for instructional, educational, and administrative purposes, including satisfying requests of accreditation agencies for authored syllabi and course descriptions.

II. Inventions and Discoveries

Ownership of inventions and discoveries made by a faculty member, staff member, or student, individually or jointly, with any use of University facilities, resources, or equipment resides with Lynn University, and Lynn University has the exclusive right, at its expense, to seek patent protection for such inventions and discoveries. Lynn University will share with the faculty member inventor(s) revenue (exclusive of costs incurred by the University in connection with applicable inventions and licenses thereof, such as but not limited to costs of prosecuting patent applications and maintaining and defending patents and costs of negotiating license agreements) that Lynn University receives from inventions and discoveries that are licensed to third parties.

If Lynn University elects not to assert ownership of an invention or discovery made by a faculty member, staff member, or student, individually or jointly, with any use of University facilities, resources, or equipment or elects not to seek patent protection for such an invention or discovery at University expense following a request by the inventor(s), Lynn University may release all claims to the invention or discovery to the inventor(s), who shall then be entitled to seek patent protection in their own name(s) at their own expense.

Ownership of inventions and discoveries made by a faculty member, staff member, or student, individually or jointly, with no use of Lynn University facilities, resources, or equipment resides with the responsible individual(s), who shall be entitled to seek patent protection in their own name(s) at their own expense.

All inventions and discoveries made by a faculty member, staff member, or student, individually or jointly, must be disclosed to the Vice President for Academic Affairs and the Office of General Counsel regardless of whether the invention or discovery is made with any use of Lynn University resources, and disclosure is without prejudice to the determination of ownership.

Confidential or Proprietary Information

Information designated as "Confidential," "Proprietary,” or the like, and information disclosed to Lynn University by a third party subject to a confidentiality obligation, may only be disclosed to authorized users. Anyone disclosing any such information must keep a written record of the date of disclosure, the information disclosed, the names and addresses of the persons to whom the disclosure is made, and the purpose of the disclosure. Nothing in this paragraph shall limit or restrict the right of faculty members or students to publish the results of their research, subject to reasonable delays to preserve eligibility for patent protection.

III. Trademarks and Service Marks and Logos

Ownership of trademarks, service marks and logos that are used for purposes of identifying the source of goods or services distributed by Lynn University reside with Lynn University. Ownership of trademarks, service marks and logos that are used by faculty, staff or students for purposes of identifying themselves as the source of Materials, inventions or discoveries to whom this Policy allocates ownership resides with such individual(s).

IV. Dispute Resolution Process

If a faculty member, staff member or student disputes the applicability of this policy to any materials, invention, discovery or any intellectual property right, especially with respect to unforeseen issues arising out of new media or technology, if one or more authors dispute an assertion by Lynn University of ownership of the copyright in such Materials or a determination regarding allocation of revenues among them, or if one or more inventors dispute an assertion by Lynn University of ownership of any invention or discovery or a determination regarding allocation of revenues among them, such individual(s) may submit their dispute to the Vice President for Academic Affairs. Throughout the process, the responsible individual(s) are encouraged to provide all information that is relevant to the dispute. The determination of such dispute by the Vice President for Academic Affairs, after consultation with General Counsel and the President, shall be final and binding.

For more information regarding this policy, please contact General Counsel.